|
|
To amend sections 3701.83, 3702.11, 3702.55, and | 1 |
3709.09; to enact sections 3711.14, 3711.16, | 2 |
3711.20, 3711.21, and 3711.22; to enact new | 3 |
sections 3711.01, 3711.02, 3711.04, 3711.05, | 4 |
3711.06, 3711.08, 3711.10, and 3711.12; and to | 5 |
repeal sections 3711.01, 3711.02, 3711.021, | 6 |
3711.03, 3711.04, 3711.05, 3711.06, 3711.07, | 7 |
3711.08, 3711.09, 3711.10, 3711.11, 3711.12, | 8 |
3711.13, and 3711.99 of the Revised Code | 9 |
regarding the licensure of hospital maternity | 10 |
units, hospital newborn care nurseries, and | 11 |
maternity homes. | 12 |
Section 1. That sections 3701.83, 3702.11, 3702.55, and | 13 |
3709.09 be amended and new sections 3711.01, 3711.02, 3711.04, | 14 |
3711.05, 3711.06, 3711.08, 3711.10, and 3711.12 and sections | 15 |
3711.14, 3711.16, 3711.20, 3711.21, and 3711.22 of the Revised | 16 |
Code be enacted to read as follows: | 17 |
Sec. 3701.83. (A) There is hereby created in the state | 18 |
treasury the general operations fund. Moneys in the fund shall be | 19 |
used for the purposes specified in sections 3701.04, 3701.344, | 20 |
3702.20, 3710.15,
| 21 |
3722.04, 3729.07, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, | 22 |
3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and | 23 |
4769.09 of the Revised Code. | 24 |
(B) The alcohol testing program fund is hereby created in the | 25 |
state treasury. The director of health shall use the fund to | 26 |
administer and enforce the alcohol testing and permit program | 27 |
authorized by section 3701.143 of the Revised Code. | 28 |
The fund shall receive transfers from the liquor control fund | 29 |
created under section 4301.12 of the Revised Code. All investment | 30 |
earnings of the alcohol testing program fund shall be credited to | 31 |
the fund. | 32 |
Sec. 3702.11. The director of health shall adopt rules | 33 |
establishing safety standards and quality-of-care standards for | 34 |
each of the following: | 35 |
(A) Solid organ and bone marrow transplantation; | 36 |
(B) Stem cell harvesting and reinfusion; | 37 |
(C) Cardiac catheterization; | 38 |
(D) Open-heart surgery; | 39 |
(E) | 40 |
| 41 |
| 42 |
| 43 |
| 44 |
Sec. 3702.55. Except as provided in section 3702.542 of the | 45 |
Revised Code, a person that the director of health determines has | 46 |
violated section 3702.53 of the Revised Code shall cease | 47 |
conducting the activity that constitutes the violation or | 48 |
utilizing the equipment or facility resulting from the violation | 49 |
not later than thirty days after the person receives the notice | 50 |
mailed under section 3702.532 of the Revised Code or, if the | 51 |
person appeals the director's determination under section 3702.60 | 52 |
of the Revised Code, thirty days after the person receives an | 53 |
order upholding the director's determination that is not subject | 54 |
to further appeal. A person that applies for a certificate of need | 55 |
as described in section 3702.542 of the Revised Code shall cease | 56 |
conducting the activity or using the equipment or facility in | 57 |
accordance with the timetable established by the director of | 58 |
health under that section. | 59 |
If any person determined to have violated section 3702.53 of | 60 |
the Revised Code fails to cease conducting an activity or using | 61 |
equipment or a facility as required by this section or a timetable | 62 |
established under section 3702.542 of the Revised Code, or if the | 63 |
person continues to seek payment or reimbursement for services | 64 |
rendered or costs incurred in conducting the activity as | 65 |
prohibited by section 3702.56 of the Revised Code, in addition to | 66 |
the penalties imposed under section 3702.54, 3702.541, or 3702.542 | 67 |
or former section 3702.543 of the Revised Code: | 68 |
(A) The director of health may refuse to include any beds | 69 |
involved in the activity in the bed capacity of a hospital for | 70 |
purposes of registration under section 3701.07 of the Revised | 71 |
Code; | 72 |
(B) The director of health may refuse to license, or may | 73 |
revoke a license or reduce bed capacity
previously granted to, | 74 |
75 | |
76 | |
of the Revised Code; a nursing home, rest home, or home for the | 77 |
aging under section 3721.02 of the Revised Code; or any beds | 78 |
within any of those facilities that are involved in the activity; | 79 |
(C) A political subdivision certified under section 3721.09 | 80 |
of the Revised Code may refuse to license, or may revoke a license | 81 |
or reduce bed capacity previously granted to, a nursing home, rest | 82 |
home, or home for the aging, or any beds within any of those | 83 |
facilities that are involved in the activity; | 84 |
(D) The director of mental health may refuse to license under | 85 |
section 5119.20 of the Revised Code, or may revoke a license or | 86 |
reduce bed capacity previously granted to, a hospital receiving | 87 |
mentally ill persons or beds within such a hospital that are | 88 |
involved in the activity; | 89 |
(E) The department of job and family services may refuse to | 90 |
enter into a provider agreement that includes a facility, beds, or | 91 |
services that result from the activity. | 92 |
Sec. 3709.09. (A) The board of health of a city or general | 93 |
health district may, by rule, establish a uniform system of fees | 94 |
to pay the costs of any services provided by the board. | 95 |
The fee for issuance of a certified copy of a vital record or | 96 |
a certification of birth shall not be less than the fee prescribed | 97 |
for the same service under division (A)(1) of section 3705.24 of | 98 |
the Revised Code and shall include the fees required by division | 99 |
(B) of section 3705.24 and section 3109.14 of the Revised Code. | 100 |
Fees for services provided by the board for purposes | 101 |
specified in
sections 3701.344, | 102 |
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall | 103 |
be established in accordance with rules adopted under division (B) | 104 |
of this section. The district advisory council, in the case of a | 105 |
general health district, and the legislative authority of the | 106 |
city, in the case of a city health district, may disapprove any | 107 |
fee established by the board of health under this division, and | 108 |
any such fee, as disapproved, shall not be charged by the board of | 109 |
health. | 110 |
(B) The public health council shall adopt rules under section | 111 |
111.15 of the Revised Code that establish fee categories and | 112 |
uniform methodologies for use in calculating the costs of services | 113 |
provided for purposes
specified in sections 3701.344, | 114 |
3711.10, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, and 3749.04 | 115 |
of the Revised Code. In adopting the rules, the public health | 116 |
council shall consider recommendations it receives from advisory | 117 |
boards established either by statute or the director of health | 118 |
for entities subject to the fees. | 119 |
(C) At least thirty days prior to establishing a fee for a | 120 |
service provided by the board for a purpose specified in section | 121 |
3701.344, | 122 |
3733.25, or 3749.04 of the Revised Code, a board of health shall | 123 |
notify any entity that would be affected by the proposed fee of | 124 |
the amount of the proposed fee. | 125 |
Sec. 3711.01. As used in this chapter: | 126 |
(A) "Board of health" means a board of health of a city or | 127 |
general health district or the authority having the duties of a | 128 |
board of health under section 3709.05 of the Revised Code. | 129 |
(B) "Maternity home" means a facility for pregnant girls and | 130 |
women where accommodations, medical care, and social services are | 131 |
provided during the prenatal and postpartal periods. "Maternity | 132 |
home" does not include a private residence where obstetric or | 133 |
newborn services are received by a resident of the home. | 134 |
(C) "Maternity unit" means a distinct portion of a hospital | 135 |
in which inpatient care is provided to women during all or part of | 136 |
the maternity cycle. | 137 |
(D) "Newborn care nursery" means a distinct portion of a | 138 |
hospital in which inpatient care is provided to infants. "Newborn | 139 |
care nursery" includes a distinct portion of a hospital in which | 140 |
intensive care is provided to infants. | 141 |
Sec. 3711.02. (A) Except as provided in division (B) of this | 142 |
section, no person shall operate any of the following, unless the | 143 |
person holds the appropriate license issued under this chapter and | 144 |
the license is valid: | 145 |
(1) A maternity unit; | 146 |
(2) A newborn care nursery; | 147 |
(3) A maternity home. | 148 |
(B) Division (A) of this section does not apply to a health | 149 |
care facility as defined in division (A)(4) of section 3702.30 of | 150 |
the Revised Code. | 151 |
Sec. 3711.04. Each person seeking to operate a maternity | 152 |
unit, newborn care nursery, or maternity home shall apply to the | 153 |
director of health for a license under this chapter. The | 154 |
application shall be submitted in the form and manner prescribed | 155 |
by the public health council in rules adopted under section | 156 |
3711.12 of the Revised Code. | 157 |
A single application and license is required if an applicant | 158 |
will operate both a maternity unit and newborn care nursery. | 159 |
Sec. 3711.05. (A) The director of health shall review all | 160 |
applications received under section 3711.04 of the Revised Code. | 161 |
On receipt of a complete application, the director shall send a | 162 |
copy of the application to the board of health of the city or | 163 |
general health district in which the maternity unit, newborn care | 164 |
nursery, or maternity home is to be operated. | 165 |
Unless the board finds that an applicant is not in compliance | 166 |
with an applicable health regulation adopted by the board, the | 167 |
board shall approve the application. The board shall notify the | 168 |
director of its determination to approve or disapprove the | 169 |
application. If the board does not notify the director of its | 170 |
determination by the end of the thirtieth day after the board | 171 |
receives the copy of the application, the application is deemed to | 172 |
have been approved by the board. | 173 |
(B) The director shall issue a license to an applicant if | 174 |
all of the following requirements are met: | 175 |
(1) The board of health approves the application or the | 176 |
application is deemed to have been approved; | 177 |
(2) The applicant meets the standards specified in rules | 178 |
adopted under section 3711.12 of the Revised Code; | 179 |
(3) The applicant passes the inspection required by section | 180 |
3711.06 of the Revised Code. | 181 |
(C) On issuance of a license, the director shall notify the | 182 |
board of health to which the application was sent under division | 183 |
(A) of this section. In the notice, the director shall specify the | 184 |
terms that apply to the license. | 185 |
Sec. 3711.06. The director of health shall inspect each | 186 |
maternity unit, newborn care nursery, or maternity home for which | 187 |
a person has applied for an initial license under section | 188 |
3711.04 of the Revised Code prior to issuing the license. | 189 |
Inspections shall be conducted in accordance with inspection | 190 |
criteria, procedures, and guidelines adopted by the public | 191 |
health council under section 3711.12 of the Revised Code. | 192 |
Sec. 3711.08. A license issued under this chapter is valid | 193 |
for three years, unless earlier revoked or suspended under | 194 |
section 3711.14 of the Revised Code. The license may be renewed | 195 |
in the manner prescribed by the public health council in rules | 196 |
adopted under section 3711.12 of the Revised Code. The license | 197 |
renewal fee specified in the rules shall be paid not later than | 198 |
sixty days after the director of health mails an invoice for | 199 |
the fee to the license holder. A penalty of ten per cent of the | 200 |
amount of the renewal fee shall be assessed for each month the | 201 |
fee is overdue. | 202 |
Sec. 3711.10. The director of health shall monitor | 203 |
compliance with this chapter and the rules adopted under it. The | 204 |
director may conduct inspections of a maternity unit, newborn care | 205 |
nursery, or maternity home as necessary to adequately monitor | 206 |
compliance with this chapter and the rules adopted under it. The | 207 |
inspections may be scheduled or random. | 208 |
The board of health of the city or general health district | 209 |
in which a maternity unit, newborn care nursery, or maternity | 210 |
home is located may conduct inspections of the unit, nursery, or | 211 |
home as necessary to adequately monitor compliance with any | 212 |
applicable health regulation adopted by the board. The inspections | 213 |
may be scheduled or random. | 214 |
Sec. 3711.12. (A) The public health council shall adopt | 215 |
rules in accordance with Chapter 119. of the Revised Code as the | 216 |
council considers necessary to implement the requirements of this | 217 |
chapter for licensure and operation of maternity units, newborn | 218 |
care nurseries, and maternity homes. The rules shall include | 219 |
provisions for the following: | 220 |
(1) Licensure application forms and procedures; | 221 |
(2) Renewal procedures, including procedures that address | 222 |
the right of the director of health, at the director's sole | 223 |
discretion, to conduct an inspection prior to renewal of a | 224 |
license; | 225 |
(3) Initial license fees and license renewal fees; | 226 |
(4) Fees for inspections conducted by the director under | 227 |
section 3711.10 of the Revised Code; | 228 |
(5) Safety standards, quality-of-care standards, and | 229 |
quality-of-care data reporting requirements; | 230 |
(6) Reporting and auditing requirements; | 231 |
(7) Inspection criteria, procedures, and guidelines; | 232 |
(8) Any other rules necessary to implement this chapter. | 233 |
(B) When adopting rules under this section, the public health | 234 |
council shall give consideration to recommendations regarding | 235 |
obstetric and newborn care issued by the American college of | 236 |
obstetricians and gynecologists; American academy of pediatrics; | 237 |
American academy of family physicians; American society of | 238 |
anesthesiologists; American college of nurse midwives; United | 239 |
States centers for disease control and prevention; association | 240 |
of women's health, obstetric and neonatal nurses; and | 241 |
association of perioperative registered nurses, or their successor | 242 |
organizations. The council shall also consider the | 243 |
recommendations of the maternity and newborn advisory council | 244 |
established in section 3711.20 of the Revised Code. | 245 |
Sec. 3711.14. (A) In accordance with Chapter 119. of the | 246 |
Revised Code, the director of health may do any of the following: | 247 |
(1) Impose a civil penalty of not less than one thousand | 248 |
dollars and not more than two hundred fifty thousand dollars on a | 249 |
person who violates a provision of this chapter or the rules | 250 |
adopted under it; | 251 |
(2) Summarily suspend, in accordance with division (B) of | 252 |
this section, a license issued under this chapter if the director | 253 |
believes there is clear and convincing evidence that the | 254 |
continued operation of a maternity unit, newborn care nursery, or | 255 |
maternity home presents a danger of immediate and serious harm | 256 |
to the public; | 257 |
(3) Revoke a license issued under this chapter if the | 258 |
director determines that a violation of a provision of this | 259 |
chapter or the rules adopted under it has occurred in such a | 260 |
manner as to pose an imminent threat of serious physical or | 261 |
life-threatening danger. | 262 |
(B) If the director suspends a license under division (A)(2) | 263 |
of this section, the director shall issue a written order of | 264 |
suspension and cause it to be delivered by certified mail or in | 265 |
person in accordance with section 119.07 of the Revised Code. The | 266 |
order shall not be subject to suspension by the court while an | 267 |
appeal filed under section 119.12 of the Revised Code is pending. | 268 |
If the individual subject to the suspension requests an | 269 |
adjudication, the date set for the adjudication shall be within | 270 |
fifteen days but not earlier than seven days after the individual | 271 |
makes the request, unless another date is agreed to by both the | 272 |
individual and the director. The summary suspension shall remain | 273 |
in effect, unless reversed by the director, until a final | 274 |
adjudication order issued by the director pursuant to this | 275 |
section and Chapter 119. of the Revised Code becomes effective. | 276 |
The director shall issue a final adjudication order not later | 277 |
than ninety days after completion of the adjudication. If the | 278 |
director does not issue a final order within the ninety-day | 279 |
period, the summary suspension shall be void, but any final | 280 |
adjudication order issued subsequent to the ninety-day period | 281 |
shall not be affected. | 282 |
(C) If the director issues an order revoking or suspending a | 283 |
license issued under this chapter and the license holder | 284 |
continues to operate a maternity unit, newborn care nursery, or | 285 |
maternity home, the director may ask the attorney general to | 286 |
apply to the court of common pleas of the county in which the | 287 |
person is located for an order enjoining the person from | 288 |
operating the unit, nursery, or home. The court shall grant the | 289 |
order on a showing that the person is operating the unit, nursery, | 290 |
or home. | 291 |
Sec. 3711.16. All initial license fees, renewal fees, late | 292 |
renewal penalties, fees for inspections conducted by the director | 293 |
of health, and civil penalties collected under this chapter shall | 294 |
be deposited in the state treasury to the credit of the general | 295 |
operations fund created under section 3701.83 of the Revised | 296 |
Code. The moneys shall be used solely for purposes of | 297 |
administering and enforcing this chapter and the rules adopted | 298 |
under it. | 299 |
Sec. 3711.20. (A) As used in this section: | 300 |
(1) "Board-certified" means that a physician has been | 301 |
certified in an area of practice by a medical specialty board of | 302 |
the American medical association or the American osteopathic | 303 |
association. | 304 |
(2) "Level I," "level II," or "level III" means the | 305 |
service-level designation applicable to the portion of a hospital | 306 |
in which obstetric care or newborn care is provided, as those | 307 |
levels are reported by the hospital to the department of health | 308 |
pursuant to section 3701.07 of the Revised Code. | 309 |
(B) There is hereby created the maternity and newborn | 310 |
advisory council within the department of health. The governor, | 311 |
with the advice and consent of the senate, shall appoint the | 312 |
following members: | 313 |
(1) Two board-certified obstetricians; | 314 |
(2) A board-certified pediatrician; | 315 |
(3) A nurse manager or administrator responsible for the | 316 |
organization and supervision of nursing services in a level I | 317 |
obstetric care service; | 318 |
(4) A nurse manager or administrator responsible for the | 319 |
organization and supervision of nursing services in a level I | 320 |
newborn care service; | 321 |
(5) A nurse manager or administrator responsible for the | 322 |
organization and supervision of nursing services in a level II | 323 |
obstetric care service; | 324 |
(6) A nurse manager or administrator responsible for the | 325 |
organization and supervision of nursing services in a level II | 326 |
newborn care service; | 327 |
(7) A nurse manager or administrator responsible for the | 328 |
organization and supervision of nursing services in a level III | 329 |
obstetric care service; | 330 |
(8) A nurse manager or administrator responsible for the | 331 |
organization and supervision of nursing services in a level III | 332 |
newborn care service; | 333 |
(9) A licensed dietitian with knowledge of newborn nutrition; | 334 |
(10) A licensed social worker with knowledge of newborn | 335 |
psychosocial and family support services; | 336 |
(11) A lactation consultant certified by the international | 337 |
board of lactation consultant examiners; | 338 |
(12) An individual to represent the public; | 339 |
(13) A board-certified perinatologist; | 340 |
(14) A board-certified neonatologist; | 341 |
(15) A certified nurse-midwife, certified nurse practitioner, | 342 |
clinical nurse specialist, or certified registered nurse | 343 |
anesthetist; | 344 |
(16) A board-certified anesthesiologist; | 345 |
(17) A board-certified family practice physician who delivers | 346 |
children or provides newborn care. | 347 |
(C) The governor shall make the initial appointments to the | 348 |
council not later than sixty days after the effective date of this | 349 |
section. Of the initial appointments, six shall be for a term of | 350 |
three years, six for a term of four years, and six for a term of | 351 |
five years. Thereafter, terms of office shall be five years with | 352 |
each term ending on the same day of the same month as the term it | 353 |
succeeds. Each member shall hold office from the date of the | 354 |
member's appointment until the end of the term for which the | 355 |
member was appointed. Members may be reappointed. Vacancies shall | 356 |
be filled in the manner provided for original appointment. Any | 357 |
member appointed to fill a vacancy prior to the expiration of the | 358 |
term for which the member's predecessor was appointed shall hold | 359 |
office for the remainder of that term. A member shall continue in | 360 |
office subsequent to the expiration of the member's term or until | 361 |
a period of sixty days has elapsed, whichever occurs first. | 362 |
(D) The council shall hold four meetings in the first year | 363 |
after the initial appointments to the council are made under | 364 |
division (B) of this section. Thereafter, the council shall hold | 365 |
two meetings each year. Additional meetings may be held at the | 366 |
call of the chairperson or the director of health. | 367 |
The chairperson shall be selected annually by members of the | 368 |
council. Following each meeting, the chairperson may submit a | 369 |
report to the director summarizing the activities, discussion, and | 370 |
recommendations of the council. Eight voting members of the | 371 |
council constitute a quorum. | 372 |
(E) Members of the council shall be reimbursed for actual and | 373 |
necessary expenses incurred in the performance of their official | 374 |
duties. | 375 |
(F) The department of health shall provide the council the | 376 |
administrative support necessary to execute its duties. | 377 |
Sec. 3711.21. The maternity and newborn advisory council | 378 |
shall do all of the following: | 379 |
(A) Advise and consult with the director of health in the | 380 |
development of rules to be presented to the public health council | 381 |
for proposed adoption under this chapter; | 382 |
(B) Advise and consult with the director concerning the | 383 |
implementation and enforcement of this chapter; | 384 |
(C) Advise and consult with the director in the development | 385 |
of inspection criteria, procedures, and guidelines to be used in | 386 |
enforcement of this chapter; | 387 |
(D) Advise and consult with the director regarding | 388 |
recommendations to be presented to the public health council | 389 |
regarding improving maternity and newborn care in this state; | 390 |
(E) Prepare and submit to the director an annual report | 391 |
evaluating the department's enforcement of this chapter. | 392 |
Sec. 3711.22. The maternity and newborn advisory council may | 393 |
establish committees to focus on specific components of the | 394 |
enforcement of this chapter. Chairpersons of the committees shall | 395 |
be appointed by the chairperson of the council and shall be | 396 |
members of the council. Other members of the committees shall be | 397 |
appointed by the chairperson of the council and may include | 398 |
individuals who are not members of the council. | 399 |
The membership and responsibilities of each committee | 400 |
established under this section shall be subject to the approval of | 401 |
the director of health. Members of the committees shall be | 402 |
reimbursed for actual and necessary expenses incurred in the | 403 |
performance of their official duties. | 404 |
Committee reports shall be presented to the council at each | 405 |
regular meeting of the council. | 406 |
Section 2. That existing sections 3701.83, 3702.11, 3702.55, | 407 |
and 3709.09 and sections 3711.01, 3711.02, 3711.021, 3711.03, | 408 |
3711.04, 3711.05, 3711.06, 3711.07, 3711.08, 3711.09, 3711.10, | 409 |
3711.11, 3711.12, 3711.13, and 3711.99 of the Revised Code are | 410 |
hereby repealed. | 411 |
Section 3. Notwithstanding the provisions of Sections 1 and 2 | 412 |
of this act, a person may continue to operate a maternity unit, | 413 |
newborn care nursery, or maternity home pursuant to a license | 414 |
issued under Chapter 3711. of the Revised Code, as that chapter | 415 |
existed immediately prior to the effective date of this act, | 416 |
until the person's license expires or is revoked. | 417 |
Until the rules required by sections 3711.04 and 3711.10 of | 418 |
the Revised Code as enacted by this act are adopted, the | 419 |
Department of Health may renew licenses and issue new licenses | 420 |
under the rules adopted under former Chapter 3711. of the Revised | 421 |
Code. | 422 |